Is there an obligation of the police to prevent a defendant from making incriminating statements after he invoked his right to counsel?

"New York", United States of America

The following excerpt is from People v. Williams, 114 N.Y.S.3d 815 (Table), 63 Misc.3d 1223 (A) (N.Y. Cty. Ct. 2019):

"The inculpatory statements made by defendant after he invoked his right to counsel were spontaneous and not the result of police interrogation or its functional equivalent" ( People v. Lipscomb , 214 AD2d 970, 970 [4th Dept 1995], citing People v. Rivers, 56 NY2d 476, 479480, rearg. denied 57 NY2d 775 ). Further, "the police are under no affirmative obligation to prevent a talkative person in custody from making incriminating statements ( People v. Rivers, supra, 56 NY2d at 479 ).

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